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wandmaker

04-04 01:52 PM

wandmaker, I understand that the 485 as it is filed now stands to be denied. But if I can get back on h4 and withdraw current 485 and refile new 485, then why would there be a issue? As I understand, 485 is to be filed while in valid status. It is not 'until' but 'while'.

Also, do you think Consular processing might be a better option instead of 485?

Your understanding is correct, you can refile 485 after you make a lawful entry using H4 and you will have check YES to the question "Have you ever before applied for permanent resident status in the US?" and need to write details..... Get opinions from more than one attorney - thats my 2 cents.

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fromnaija

09-26 08:11 PM

Well, I don't see a problem with that. If you can file 485 without clearing 140, why can't you file 485 without clearing labor?

We should stay modest? There are a lot of us who have waited 4+ years for labor. I think that's enough modesty and patience.

Hey, "modest request" in my post does not translate to modesty and patience. Just thought I'd point that out.

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arunmohan

11-15 04:00 PM

Same or similar Right now i am working in company A as software engineer. got offer from company B designation DBA .is this is same /similar job code or different? please help

Thank for the reply. I hope the suggestions will be acted on and implemented at the earliest. It's frustrating to see that the priority dates haven't moved by a single day in last 6 months, something really needs to be done and I will do my support IV with anything.

Thanks for your commitment...if you are frustrated by no movement in 6 months then imagine the plight of folks on this forum who have no priority date movement since Jan 2002 (9 years and counting)....most of them have literally became dormant with the long wait and some of them have become cynical and skeptical of the entire process and quite frankly about IV...it's hard to motivate and make them commit to supporting IV. There are few brave souls who refuse to give up and are fighting for the greater benefit of the entire community!

Such agreement is not against the law. GC is for your benefit, not employer's. So technically employer may ask you to reimburse I-485 filing fees (including attorney fees). Permanent residency is I-485 approval. What is the exact language? May be you can avoid paying you can just switch to another employer?

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kunjirs

03-07 03:01 PM

I am in the same boat. Filed EAD on DEC 10 2010 with TSC and still waiting. Contacted USCIS Customer Support and create Expedite Request last Friday. I was told that I will hear back in 5 days. Will post back if I hear anything.

thanks for the update and analysis. But My 140 is approved in less than 20 days.. I donot work for MNC. Work for an American owned Company. Not sure, how much time it would take to reach 10/05 priority date for eb2.

Let us hope for the best.. :rolleyes:

Thanks,:)

THose are labour filed.

It is difficult to pull the 140 stats for the same labour. But I did a rough data extract from immigration.com based on what folks have mentioned, it seems like 140 is taking 8 months average presently, RFEs are in 40 % of cases, and also approved 140 seems to be like around 2000 in total for EB2, and EB3 categories for 2005 filings.. which means large numbers are still pending in Texas or Folks have not updated their data.

One thing that emerges clear from the data pattern :

Presently EB2 turn around time for Perm is approx 26 days, EB3 is 41 days average. 140 for EB2 from a MNC = 6 months, 140 for EB2 from a small company 8 months avg.

She have the H-4 because of her husband. If he want to cancel, he can inform USCIS about the separation. The USCIS can cancel her H-4 and she will be out of status. Just like employer can cancel the H1B. If he didn't cancel, she can stay untill the validity of her I-94.

USCIS will approve the GC, when they satisfy the spouse is living with the petitioner and every thing in order and without any problem (joint tax, bank accounts etc....). That is why they again send RFE for some people.

Even family based GC after marriage there will be an interview after years to get the permanent GC. In that interview, judge will ask and find out what level of intimacy these couples have. He want to satisfy these people are real husband and wife. (this interview is not for employment based candidates)

If she is on H4, as long as H1 is valid she can continue legally in US. I do not see any reason for her to go back. She can file I-485 as a dependent, since she is still the wife of the I-485 primary applicant.

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CaliGC

06-14 09:02 PM

Friends,

Like me, many of you have filed I-485 before Sept 2005 and got stuck due to priority dates getting retrogressed. Now that that the PD is current what action should we take to get the cases approved and not get stuck again.

PLEASE POOL IN YOUR INPUTS so that a collective thought will put us in the right direction to get the GC approved before the PD move back.

My wife's H1 is valid until 2009. We have to travel to Canada very soon and she will return on AP (EAD approved). Can she continue on H1 for the sponsoring company as it is or any amendment/filing has to be done to regain the H1 status. I dont want her to switch to EAD (just in case things go wrong down the lane) I read a couple of conflicting articles on this. From this link i interpret that one can continue on H1 after entering US on AP http://www.murthy.com/news/UDnewins.html "An H-1 or L-1 holder who travels out of the United States, and returns on advance parole, is authorized to continue working for the H-1 or L-1 employer. He/she would not be required to obtain an EAD to work for this same employer, within the validity dates of the H-1 or L-1 petition approval."

Can some one please throw some light.

Thanks

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NIW

08-31 12:02 PM

Just take it easy on this guy. He is a hard nosed, narcistic, self proclaimed immigration reforming CNN anchor who made millions just by talking and writing books on Immigration issues. There is some truth in his talk show but most of it is fabricated lie exaggerated by the media.

I really pity him because he has to come up with some immigration news everyday to save his job unlike Anderson Cooper or Wolf Blitz. But as long as the immigration community, who has time and again proved its extra ordinary skills by getting Nobels, Pulitzers, Outstanding physician awards, humanitarian awards, he can't change a bit of law. The corporate america wants brain and skills, and we have them. We will prevail......

As a prcatical matter you should have copy of your labor or at least the job description so that you can look for 'similar' job.

You may be in trouble if you don't have it or are not sure what your employer has put int he labor application. Also, at the minimum you should have you 140 application number, only then can you be sure that it has been approved.

If you have these, you can easily use AC21 with no harm. Also, if I were you I will avoid any travel even if you have approived 131 as the IO at port of entry may ask you about your employment status.

Such agreement is not against the law. GC is for your benefit, not employer's. So technically employer may ask you to reimburse I-485 filing fees (including attorney fees). Permanent residency is I-485 approval. What is the exact language? May be you can avoid paying you can just switch to another employer?

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05-19 11:22 PM

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p7810456

01-10 03:53 PM

I applied mine on 11th of May, 2007.. EB3 India..

Got RFE on 4th of December, replied the same week, they got it on 27th of December. Online status says "Processing has resumed..!!!"

In RFE.. they asked for last year's W2 and my current paystub.

Still waiting..

chalamurariusa

04-29 09:28 PM

Yes getting her here on an F1 Visa is your best option. You can hv the wedding in India but she shd not disclose abt her wedding and shd cm here on her maiden name and after afew months you can hv a registered marriage here. That is what my cousin did and they flew together to US.

chalamurariusa

04-29 09:28 PM

Yes getting her here on an F1 Visa is your best option. You can hv the wedding in India but she shd not disclose abt her wedding and shd cm here on her maiden name and after afew months you can hv a registered marriage here. That is what my cousin did and they flew together to US.